John Caravella - The Law Office of John Caravella, P.C.



John Caravella
The Law Office of John Caravella, P.C.
626 RexCorp Plaza, 6th Fl, West Tower
Uniondale, NY 11556

516-462-7051

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John Caravella
The Law Office of John Caravella, P.C.

Attorney Profile
Law School

Nova Southeastern University
1997 - 2000

Website

http://liconstructionlaw.com

516-462-7051


JOHN CARAVELLA, ESQ

 

As a dedicated and experienced Construction Law Attorney, I help Homeowners, Contractors, and Design Professionals with their legal needs in construction litigation and arbitration.

The Law Offices of John Caravella, P.C., practices primarily in Construction Litigation, Supplier Disputes, Construction Contract Claims, Construction Defects, Construction Disputes, Labor Laws, House Lifting Cases, Real Estate Services, Construction Arbitration and Construction Contract Advising.

Based in Long Island, our firm has three offices in Uniondale, Melville, and Ft Lauderdale, FL.

We have a singular focus on construction law and place an emphasis on communication with our clients to better understand their needs. Clients can expect honesty and trust from every member of our team. It’s this trust and confidence from clients, that always comes first. This serves as a foundational principle for the firm, acting as a driving force for growth since our establishment in 2008.

I developed a passion early on for architecture. As a high school student, I was driven to learn and inspired by Frank Lloyd Wright, my father, and my whole family. My dedication to education and hard work led to a successful career in the field, giving me invaluable experience and skills that serve as not only a unique differentiator, but also as a scaffolding for success in the construction industry.

I’ve been committed to excellence in construction law for two decades.

Credentials & Experience includes:

American Arbitration Association Construction Industry Panel of Neutrals, Nassau County Bar Association Arbitration and Mediation Panel, as well as the Eastern District of New York Hurricane Sandy ADR panels. I’m also a member of the New York State Bar Association and the Nassau County Bar Association Construction Law Committee.

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I maintain an “open door” office policy and always provide free, no-obligation telephone consultations.

> Prior results do not guarantee a similar outcome.


John Caravella's Law Posts

Part Four: As is true with other types of construction defects, disputes as to the performance of materials selected for the project will invariably result in finger pointing between the architect or engineer who specified the material, the supplier who supplied the material and even the laborers who installed the material.

Having improper or defective materials installed can result in the construction being non-conforming (or unacceptable) to the owner.
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Part Three: This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6). For a defect to be construction based, it can range in scope from a contractors failure to perform to completion of the project, to gross deviations from the approved construction plans and specifications. The existence of a defect alone, however, does not necessarily mean it is the contractor who is to blame. After all, the contractor is only responsible for satisfying its performance of the construction contract. However, should the contractor have any reason to suspect there is defect in the design of the project, the contractor has a duty to point these out to the owner or designer.[1] This duty to call out such observations was established in New York in the matter of Caceci v. DiCanio Const. Corp. 72 N.Y.2d 52, 530 N.Y.S.2d 771, 526 N.E.2d 266 (1988). Although the plans and specifications of this project did not call for any additional foundation work, the soil at the site was comprised of large amounts of organic materials, including trees, which made it incumbent upon the contractor to point this deficiency out. The contractor’s failure to do so resulted in substantial liability.

A defect isn't necessarily the contractor's fault; defective construction can range from failure to complete the project to deviations of the plans or specs
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Part Two: This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6). Defects in construction design demonstrate themselves in various and wide-ranging ways, and sometimes by the actions the defects cause others to do.

Design defects' liability only arises when the architect or engineer failed to perform in accordance with the community standard.
www.liconstructionlaw.com

Part One: Defects exist throughout all construction projects and it’s likely no construction project is ever completed perfectly. In New York construction however, perfection is not the legal standard by which construction is generally measured. The standard used to judge completed construction is the ordinary and reasonable skill that is usually exercised by architects, engineers, contractors and others in that work.[1]Therefore, not all defects are necessarily actionable under New York construction law. #constructionlaw #constructiondefects #defects

In New York construction, perfection is not the legal standard; not all defects are necessarily actionable under New York construction law.
www.liconstructionlaw.com

In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available that could make an important impact on your business’ circumstance. Briefly stated, arbitration is a private, informal process by which all parties agree, in writing, to submit their dispute to one or more impartial persons authorized to resolve the controversy by rendering a final and binding award.[i] What makes this process unique is the ability, with some advance consideration, to customize and tailor the dispute resolution process to suit the needs of the company.

  In a recent client conference, I was asked, “So what is arbitration, anyhow?” In the context of a construction claim or in seeking to prevent such a claim, there are several significant advantages that arbitration can provide in lieu of litigation. In today’s challenging business environment, this signifies awareness of the various options available … Continue reading "5 Reasons to Consider Arbitration for Your Construction Dispute"
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The New York Education Department, Office of the Professions, regulates the licensing of the various professions, such as Lawyers, Certified Public Accountants, Architects, and other professions practicing within the state. Typically these professionals must pass initial education and examination requirements, and are also required to maintain certain levels of continuing education units. These requirements are intended to foster continued education and training throughout their career.

New York Legislature considers removing architect continuing-education requirements, which in the past have been used for ethical training and industry news
www.liconstructionlaw.com

Like the strings of a marionette puppet, after the completion of a New York construction project, there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections, the longer they may have legal recourse against the builder for defects.

Like the strings of a marionette puppet, after the completion of a New York construction project there are various legal theories that serve as ties between the builder and the owner
www.liconstructionlaw.com

A Lien (or ‘Mechanic’s Lien’) is a potentially powerful tool for contractors, architects, engineers, or suppliers of materials to secure payment for work performed ‘improving’ a property[1]. To properly ‘perfect’ a lien claim, however, strict compliance with the nuances of the New York lien law is required, and often times there are details in the process commonly overlooked. One such frequently misunderstood practice relates the the extending of a mechanic’s lien in New York. For liens on private improvements, the lien is valid for one year from the date of filing.[2]The lienor (or party filing the lien) is generally provided one year from this date to begin a legal action to ‘foreclose’ upon the lien, in a manner similar to the foreclosing of a mortgage.

To properly ‘perfect’ a lien claim, strict compliance with the New York lien law is required, and often times there are commonly overlooked details.
www.liconstructionlaw.com

Long Island Construction Law does not own this content. This content was created by David Winzelberg and was published to the Long Island Business News on August 26th, 2021. The state’s Department of Transportation has completed a series of projects aimed at improving pedestrian safety along Route 25 and three other Long Island roadways. The $8.6 million project along Route 25 added some 300 new pedestrian safety enhancement measures along the entire stretch of the road from the New York City border to Orient Point, according to a DOT statement. The improvements included more than 130 new ADA-compliant curb ramps, new and upgraded crosswalks with reflective pavement markings, upgraded traffic signals and reflective pedestrian crossing signs.

The state’s Department of Transportation has completed a series of projects aimed at improving pedestrian safety along Route 25 and three other Long Island roadways.
www.liconstructionlaw.com

We all know what a lien is. Depending on which side of the claim you’re on, a lien could be a good thing or a bad thing. According to Black’s Law Dictionary, the true definition of a lien is “a claim, encumbrance, or charge on property for payment of some debt, obligation or duty”. So, how is a Mechanics Lien any different?

A Mechanics Lien is a legal encumbrance that reserves the right for the supplier of unpaid labor or materials. Learn more about it here.
www.liconstructionlaw.com

John Caravella, a Construction Attorney at The Law Offices of John Caravella, P.C. and a former architect, says a recent report showing a lower demand for architects’ services last month is part of the business cycle and that, in some parts of Long Island, demand has been steady, especially for the construction of high-end and luxury homes. He adds that the improving economy will mean architects will be in greater demand as more money will be spent on construction projects. The American Institute of Architects (AIA) recently reported that the Architecture Billings Index (ABI) — a leading economic indicator of construction activity — fell to 49.7 last month, compared to the mark of 51.5 in July. This is the second time this year and the first time in seven months that demand for design services declined. Any score below 50 indicates fewer requests for architectural services. The ABI measures demand for commercial and industrial facilities such as hotels, office buildings, multi-family residential buildings, schools, hospitals and other institutions.

Attorney John Caravella says that though demand has been steady on Long Island, the improving economy means architects' services will be in greater demand.
www.liconstructionlaw.com

This press release was written by the Press Office of the City of New York. For more information, please contact their media contact at [email protected] September 20, 2021 NEW YORK—During Climate Week, Mayor Bill de Blasio and Governor Kathy Hochul today announced two major green energy infrastructure projects to power New York City with wind, solar and hydropower projects from upstate New York and Canada. The announcement is made possible by New York City’s commitment to purchase electricity to power City government with fully clean and renewable power.

Governor Kathy Hochul announced two major green energy infrastructure projects to power New York City with wind, solar and hydropower.
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Time and time again, homeowners hire fraudulent contractors without knowing so. There are many instances where the homeowner will hire a contractor without really knowing what they’re all about. Usually out of excitement, or desperation to complete unfinished work, homeowners will too often hire their contractor based off an estimate, without digging deeper as to the insurance status or legitimacy of the contractor’s business. With that said, what are the top 3 things every homeowner needs to verify before hiring a contractor and signing the contract?

Before hiring a contractor, there are important steps that can protect you, your property and your finances. A Long Island Construction Attorney can help.
www.liconstructionlaw.com

Construction contracts in New York often place the architect or engineer in the additional role of an initial impartial decider as to any disagreement or disputes between the contractor and the owner, in addition to their roles as the design professionals.

Construction contracts often make the architect a mediator in any disagreement or dispute between the contractor and the owner.
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General Business Law Section 756 (and the sections that follow it), commonly known as the Prompt Payment Act, establish requirements for how soon a construction contractor or subcontractor must be paid and allow expedited arbitration in the event that prompt payment is not made for qualifying projects. Not all projects however fall under the requirements of the PPA, and the act specifically limits its application to non-public projects, having specific square footage and residential unit limitations, and does not apply to reconstruction, alteration, demolition or relocation of an existing structure.

General Business Law Section 756 (and the sections that follow it), commonly known as the Prompt Payment Act, establish requirements for how soon a construction contractor or subcontractor must be paid and allow expedited arbitration in the event that prompt payment is not made for qualifying projects. Not all projects however fall under the requirements … Continue reading "Violation of the New York Prompt Payment Act Does Not Bar Defenses"
www.liconstructionlaw.com

In a nutshell, the “economic loss rule” is a rule that courts use to prevent a plaintiff from against a defendant for a tort (usually negligence) when the essence of the claim is for failure to live up to the terms of a contract. This doctrine does, however, have exceptions, and it becomes tricky when applied to service contracts such as construction contracts. Nevertheless, there are circumstances when the economic loss rule might eliminate a contractor or subcontractor’s liability entirely.

The economic loss rule does have exceptions, and it becomes tricky when applied to service contracts such as construction contracts.
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Although Scaffold Law reform is frequently discussed, the barrage of Scaffold Law cases continues, if the numerous case decisions that I turned up in a recent search of the New York Official Reports is any indication, and the alarming trend is for courts to impose liability on contractors and even property owners.

The controversial Scaffold Law, which imposes liability on contractors, property owners, and their agents for injuries, has seen a 500% increase in cases.
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As you can see, building code violations can have significant legal consequences for contractors and architects, although, as always, whether or not you may be liable will defend on the facts of your case and the terms of your contract. For contractors, complying with plans and specifications may provide a defense. For architects, the duty to make plans in accordance with building codes is the rule, and strict compliance is necessary if architects are to avoid liability.

building code violations can have significant legal consequences for contractors and architects, although, as always, whether or not you may be liable will defend on the facts of your case and the terms of your contract.
www.liconstructionlaw.com

What is a cost-plus construction contract? A cost-plus construction contract is a contract in which a contractor agrees to be paid for all of his costs including a certain percentage for his expenses and profit. The pros vs. the cons of cost-plus construction contract format are a business decision, but cost-plus construction contract also raises legal issues contractors should be aware of before agreeing.

In a cost-plus construction contract, a contractor agrees to be paid for all of his costs including a certain percentage for his expenses and profit.
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Contractors are not only responsible for performing their contracted work, but are also charged with keeping the owner and the subcontractors working together to bring the project to completion successfully. Given this, they are regularly the subject of legal disputes. For this reason, many could benefit from an understanding of the following top 5 contractor defenses available in New York.

As liasions between owners and subcontractors, contractors often find themselves subject of legal disputes. Contractors should know their legal rights.
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Often times in discussions with contractors, I hear many of the same types of issues repeat themselves, and from the perspective of counsel, quite preventable. While not every potential problem on a project can be determined upfront, keeping the following 5 tips for contractors in mind might be helpful in preventing problems, improving business practices, and effectively managing risks.

Keeping the following 7 tips for contractors in mind might be helpful in preventing problems, improving business practices, and effectively managing risks.
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The following article has been written by guest blogger Danielle Rodabaugh, who has outlined an informative examination of bonding principles in New York construction. Although surety bonds have been used to regulate New York’s construction industry for decades, many contractors still have a limited understanding of their purpose.

Surety bonds protect local gov't agencies, project owners & financiers from investment loss. Contractors should abide by these five principles.
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Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable. Do you know how these documents rate in terms of their authority? https://www.liconstructionlaw.com/construction/construction-document-conflictss/

Given that many documents are required for construction projects, document conflicts are almost unavoidable. Which documents hold the highest authority?
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If you have read previous articles of this blog, you may be aware that New York construction contractors can be barred from suing or enforcing a mechanic’s lien if they do not possess required home improvement licenses, which has resulted in the dismissal of many contractors’ claims. On the other hand, project owners sometimes argue that a contractor’s failure to possess a license should not only prevent the contractor from recovering more money but should require the contractor to return all monies already paid for the work. Courts’ responses to this argument have been mixed.

NY contractors can't enforce a mechanic's lien if they don't have home improvement licenses. Project owners argue unlicensed contractors shouldn't be paid.
www.liconstructionlaw.com